This is an official version.
Copyright © 2010: Queens Printer,
RSNL1990 CHAPTER F-1
FAMILY HOMES EXPROPRIATION ACT
2009 c31 s6
AN ACT TO PROVIDE FOR THE PAYMENT OF FAIR COMPENSATION TO THE OWNERS OF FAMILY HOMES EXPROPRIATED
This Act may be cited as the Family Homes Expropriation Act.
Where under an Act enabling expropriation of private property it is decided to expropriate a family home the provisions of this Act shall have effect and shall prevail over the provisions of all other Acts dealing with expropriation.
(1) For the purpose of this Act a family home shall be a house which is and has for a reasonable time been the home of a family unit together with land immediately appurtenant to the house not exceeding 6,000 square metres and all immediately appurtenant outbuildings.
The nature of a family unit is defined or indicated in the Schedule.
In the case of an expropriation to which this Act applies and notwithstanding a rule or provision for the assessment of values set out in the Act under which the expropriation is made, the principle of assessment shall be that the owner of the family home shall receive an amount in compensation that will at current costs and prices put him or her in a position to acquire by purchase or construction a home reasonably equivalent to that which is being expropriated.
Duty of arbitrator or assessor
(1) An arbitrator or assessor in determining compensation under section 4 shall consider the question whether the reasonably equivalent home can be acquired by purchase, or whether it is certainly or probably impracticable in the state of the market so to acquire it.
Where, in the opinion of the arbitrator or assessor, a reasonably equivalent home cannot be acquired by purchase an amount of compensation shall be awarded sufficient for its construction instead of the current market value.
Substandard or unfit house
(1) Notwithstanding the other provisions of this Act, where, under an urban renewal scheme, a family home is expropriated under an Act by or for the province or a body, corporation or authority, and an assessor or arbitrator referred to in section 5 is of the opinion that the family home so expropriated is
substandard by reason of its size, construction or deterioration; or
unfit, by ordinarily accepted property standards, for human habitation,
no compensation shall be paid in respect of that expropriation except an amount in compensation to the owner as is referred to in subsection (3).
Where rental accommodation becomes available to and is operated as a public housing project by
the province; or
the body, corporation or authority
by or for which the family home is expropriated, the province, body, corporation or authority shall offer and supply to the family unit concerned, whether owners or tenants, rental accommodation in the public housing project of a kind that is suitable to the family unit
at a rental which is fair and reasonable having regard to the income of the family unit concerned;
in or near to the community where the expropriated family home is; and
subject always, however, to all terms, conditions and regulations of general application to that public housing project.
The owner of a family home, which an assessor or arbitrator considers substandard or unfit under subsection (1), shall receive compensation in accordance with the rules set out in subsection 27(1) of the Expropriation Act,
other than paragraph (f) of that subsection.
An appeal lies to the Trial Division, by leave of a judge, both on questions of law and upon the amount of compensation offered under this Act.
This Act extends to expropriations on behalf of the Crown.
Purpose of Act
(1) The intent and purpose of this Act is that where it is decided to expropriate a family home the owner shall receive the compensation that will insure that the family unit is in no worse position as a result of the expropriation; it being recognized that strict market value is not in all cases a true compensation to a family unit that is dispossessed, since it may not provide equivalent accommodation.
The protection given by this Act is not to extend to a person in whose case the property or his or her interest in it is fairly to be looked upon as a money asset or investment and not a family home.
This Act shall be interpreted by arbitrators or assessors and by the court broadly in the spirit of this Act.
The expression "family unit" in this Act is to be interpreted in a broad and flexible sense in order to promote the true object of this Act, which is to avoid the placing of dispossessed home owners in a worse position than before dispossession.
The word "family" is not to be limited to its common meaning, namely a group of parents and children. It is to be recognized that the social and psychological characteristics of a family may exist in the absence of ties of blood or ties of law; nor does it necessarily, though it does usually, involve a plurality of persons.
For purposes of illustration, the following may in appropriate cases be regarded as family units
parents and/or grandparents and children, living together;
brothers and/or sisters living together;
(c) 2 persons, with or without children, unmarried, living together as spouses, notwithstanding there is no tie in blood or in law;
a man or woman living alone, in his or her house, whether he or she is the relict of a former family or not;
a person living with children not of his or her blood who are adopted in fact but have not been adopted in law;
2 friends who have in fact long been living together in a common household for mutual convenience, though in blood not related.
(1) In considering whether a family unit, other than a natural family, exists, the arbitrators or assessors, subject to appeal to the Trial Division, may recognize a combination of persons living together as a family unit.
The decision of the Trial Division on an appeal shall be conclusive.
In considering whether a family unit, other than a natural family, exists, the element of duration or permanence in the association shall be taken into account, and that weight shall be given to this element that may seem proper.
RSN1970 c123 Sch; 1986 c42 Sch A; 2009 c31 s6
©Earl G. Tucker, Queen's Printer